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H0143.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
SEWAGE TREATMENT - WATER SYSTEMS - Amends existing law to revise provisions
applicable to the review of plans and specifications for the construction
of new sewage treatment works and new public water supply systems.
02/09 House intro - 1st rdg - to printing
02/10 Rpt prt - to Env
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 49-17-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bilbao, Black, Block, Bolz, Bradford, Cannon, Collins, Crow,
Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
Garrett, Hart, Harwood, Kemp, Lake, Loertscher, Mathews, McGeachin,
McKague, Miller, Moyle, Nielsen, Raybould, Ring, Roberts, Rydalch,
Sali, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smylie,
Snodgrass, Wills, Wood, Mr. Speaker
NAYS -- Bell, Boe, Henbest, Jaquet, Jones, LeFavour, Martinez,
Mitchell, Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Smith(30),
Smith(24), Stevenson, Trail
Absent and excused -- Chadderdon, Clark, Henderson, Nonini
Floor Sponsor - Denney
Title apvd - to Senate
02/22 Senate intro - 1st rdg - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 143
BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
1 AN ACT
2 RELATING TO THE DEPARTMENT OF ENVIRONMENTAL QUALITY; AMENDING SECTION 39-118,
3 IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO THE REVIEW OF PLANS AND
4 SPECIFICATIONS FOR THE CONSTRUCTION OF NEW SEWAGE TREATMENT WORKS AND NEW
5 PUBLIC WATER SUPPLY SYSTEMS; AND DECLARING AN EMERGENCY.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 39-118, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 39-118. REVIEW OF PLANS. (1) Except as provided for dairy systems pursu-
10 ant to section 37-401, Idaho Code, and best management practices for the pro-
11 tection of groundwater, all plans and specifications for the construction of
12 new sewage systems, sewage treatment plants or systems, other waste treatment
13 or disposal facilities, works or new public water supply systems or public
14 water treatment systems or for modification or expansion to existing sewage
15 treatment plants or systems, waste treatment or disposal facilities, public
16 water supply systems or public water treatment systems, shall be submitted to
17 and approved by the director before construction may begin, and all construc-
18 tion shall be in compliance therewith. No deviation shall be made from the
19 approved plans and specifications without the prior approval of the director
20 Submittal of plans and specifications to the director shall not be required
21 for the construction of modifications or expansions to existing sewage treat-
22 ment works or existing public water supply systems of a municipality or a reg-
23 ulated utility provided the municipality or regulated utility ensures in writ-
24 ing that the modifications or expansions are prepared by a professional engi-
25 neer licensed in the state of Idaho pursuant to chapter 12, title 54, Idaho
26 Code. The director shall review plans and specifications and notify the owner
27 or responsible party of approval or disapproval within forty-five (45) days of
28 submittal. In the event of disapproval, the director shall provide reasons for
29 disapproval in writing to the owner or responsible party. No response from the
30 director within the forty-five (45) day period shall be deemed as approval.
31 Within thirty (30) days of the completion of construction, alteration, or mod-
32 ification of any new sewage systems, sewage treatment plants or systems, other
33 waste treatment or disposal facilities, works or public water supply systems,
34 or public water treatment systems, complete and accurate plans and specifica-
35 tions depicting the actual construction, alteration, or modification performed
36 must be submitted to the director, along with a statement by a professional
37 engineer licensed in the state of Idaho certifying that the project meets min-
38 imum construction standards. If construction does not deviate from the origi-
39 nal plans previously submitted for approval, a statement to that effect shall
40 be filed with the director.
41 (2) All plans and specifications submitted to satisfy the requirements of
42 this section shall conform in style and quality to regularly accepted engi-
43 neering standards. Except with respect to plans and specifications for facili-
2
1 ties addressed in subsection (3) of this section, and confined animal feeding
2 operations, the board may require that certain types of plans and specifica-
3 tions must be certified by registered professional engineers. If the director
4 determines that any particular facility or category of facilities will produce
5 no significant impact on the environment or on the public health, the director
6 shall be authorized to waive the submittal or approval requirement for that
7 facility or category of facilities.
8 (3) All plans and specifications for the construction, modification,
9 expansion, or alteration of waste treatment or disposal facilities for aqua-
10 culture facilities licensed by the department of agriculture for both commer-
11 cial fish propagation facilities as defined in section 22-4601, Idaho Code,
12 and sport fish propagation facilities whether private or operated or licensed
13 by the department of fish and game and other aquaculture facilities as defined
14 in the Idaho waste management guidelines for aquaculture operations, shall be
15 submitted to and approved by the director of the department of environmental
16 quality before construction may begin and all construction shall be in compli-
17 ance therewith. The director shall review plans and specifications within for-
18 ty-five (45) days of submittal and notify the owner or responsible party of
19 approval or disapproval. In the event of disapproval the director shall pro-
20 vide reasons for disapproval in writing to the owner or responsible party.
21 Plans and specifications shall conform in style and quality to standard indus-
22 try practices and guidelines developed pursuant to this subsection. The direc-
23 tor shall establish industry guidelines or best management practices subcom-
24 mittees composed of members of the department, specific regulatory agencies
25 for the industry, general public, and persons involved in the industry to
26 develop and update guidelines or best management practices as needed. Within
27 thirty (30) days of the completion of the construction, modification, expan-
28 sion or alteration of facilities subject to this subsection, the owner or
29 responsible party shall submit a statement to the director that the construc-
30 tion has been completed and is in substantial compliance with the plans and
31 specifications as submitted and approved. The director shall conduct an
32 inspection within sixty (60) days of the date of submission of the statement
33 and shall inform the owner or responsible party of its approval of the con-
34 struction or in the event of nonapproval, the reasons for nonapproval.
35 SECTION 2. An emergency existing therefor, which emergency is hereby
36 declared to exist, this act shall be in full force and effect on and after its
37 passage and approval.
STATEMENT OF PURPOSE
RS 14834
This legislation defines the responsibility of the Department of
Environmental Quality to review and approve plans for sewer and
water.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Rep. Lawerence Denney
Sen. Monty Pearce
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 143